(Hasher Ahsan) Federal Law Minister Nazir Tarar has said that the draft is not final until the cabinet approves it.
Federal Law Minister Azam Nazir Tarar while addressing the meeting of lawyers’ representative organizations said that he is grateful to the Supreme Court Bar Association for giving him the opportunity. Was part of the negotiation team, the demand for judicial reforms came from the People’s Party, judicial reforms were also part of our manifesto, the People’s Party asked to work on the incomplete agenda of the Charter of Democracy.
Azam Nazir Tarar said that on May 24, 2024, he met the representatives of the five councils of the country, there are different stages of legislation, the lawyers know better, the package that is still circulating today, the draft is temporary, the draft at this time. It is not final until the approval of the cabinet, then the bill is presented in the parliament, then the matter can also go to the committee, this matter is about constitutional amendment, it has to be approved by two-thirds, charter of Democracy, proposals of bar councils and demands of political parties were put forward.
The Federal Law Minister said that in the meeting of the Apex Committee, he told the military leadership that they have failed to eradicate terrorism. The military leadership said that our wounds cannot be healed by shedding tears on the anthem of martyrs of the right path.
Azam Nazir Tarar said that the Charter of Democracy came in 2006. In the Charter of Democracy, it was said to establish a Constitutional Court. What is a Constitutional Court? The Constitutional Court is a separate court that will exercise powers under the constitutional articles, the outline in our mind is that the Constitutional Court will have 7 or 8 judges, the Constitutional Court will include representation from all the provinces and Islamabad.
The Law Minister said that I want to put before you whether the scope of the Constitutional Court is in our constitutional framework or not, all the bar councils should form a committee of their legal experts to guide us. Give, what kind of model of constitutional court should be kept.
The federal law minister said that there are only 4 things in the judicial amendments, the remaining 40 things are for the inclusion of the name of the Constitutional Court, the amendment in Article 9A of the Constitution is related to clean and transparent environment, environmental pollution. This amendment is to reduce and improve the environment, he said that in the amendments related to the Judicial Commission, the Commission and the Parliamentary Committee have been combined, there is also a proposal to create a permanent secretariat for the Judicial Commission. If the sitting judge does not work, should we not send him home? The performance of the judges of each high court in the provinces will be evaluated, is it with regard to the independence of the judiciary? The committee let us know if it is.
Azam Nazir Tarar said that we have written the age of judges as 68 years so that it does not happen that whoever is appointed retires in four months. Kray, when the number of the Judicial Commission is complete, then the appointments will be made by the Judicial Commission, he said that the head of the Judicial Commission will be the Chief Justice of the Constitutional Court.
The Federal Law Minister said that the amendment of Article 63A is also included, the Supreme Court has declared in the decision that the vote will not be counted, we say that the Supreme Court 63A has been misinterpreted, six judges are from the Supreme Court in the present Judicial Commission. The Supreme Court has now stopped giving the senior title to lawyers, the parliamentary committee rejected the recommendation of the Peshawar High Court judge by 8 zero, the decision of the parliamentary committee was annulled by the court order, we merged the judicial commission into a parliamentary one in the draft. Four members of parliament have been included in the nine-member judicial commission, four provincial representatives will be included for the appointment at the provincial level. 24 posts are vacant, what is the suggestion, judicial commission should have a permanent secretariat, is it our fault if the judges in the high court do not work, then they should be sent home, the judicial commission will also review the work of the judges, if the judge does not work. If he does not, then he has no right to be a judge, if there is a report against the judge’s performance, then the commission will send the matter to the Judicial Council.
The Federal Law Minister, while answering the question of awarding Qazi Fire Isa, said, “Don’t look at the legislation with one person in mind. We could have said that the current Chief Justice will be the Chief Justice of the Constitutional Court.” The problem used to be solved like this, but we did not talk about it. There is also an amendment related to the transfer of judges in the judicial amendments. Before today, the President used to transfer the judges on the recommendation of the Chief Justice. After the amendment, what should the Judicial Commission do? Ga, he said that if the Chairman is not calling the meeting of the Judicial Commission, one-third members of the Commission will be able to call it, the members of the Judicial Commission will also be able to propose candidates for the appointment of judges.
Azam Nazir Tarar said that it is a sin to say that the judges who are not working in the Supreme Court should be removed. will see his opinion, if the performance is not good, then the commission will be able to remove him. The President of Pakistan will do this on the advice of the Prime Minister, it was said that it is being done for one person, he said that there was no consensus on the military trial of the civilian, it is not yet a part of the package.
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2024-09-19 21:44:15